Dougherty v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that resentencing defendant in absentia and without holding hearing amounts to fundamental error when resen- tencing requires more than ministerial act
• holding that a defendant has a right to be present at sentencing, whether the sentence to be \imposed\ results from adjudication of guilt or from a successful rule 3.850 motion
• stating a defendant is entitled to be present at sentencing, except in “re-sentencing cases where all that is required on remand is a ministerial act of sentence correction”
• \The imposition of a sentence is a crucial stage at which the defendant is entitled to be present. An exception is made in resentencing cases where all that is required on remand is a ministerial act of sentence correction.\
• “The imposition of a sentence is a crucial stage at which the defendant is entitled to be present. An exception is made in resentencing cases where all that is required on remand is a ministerial act of sentence correction.”
• “The imposition of a sentence is a crucial stage at which the defendant is entitled to be present. . . . An exception is made in resentencing cases where all that is required on remand is a ministerial act of sentence correction.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

20 cases in this archive cite this case.

• Orta v. State
  District Court of Appeal of Florida· 2006-01-18· cited 20×
• McGough v. State
  District Court of Appeal of Florida· 2004-05-18· cited 9×
• Lecroy v. State
  District Court of Appeal of Florida· 2007-05-02· cited 7×
• Griffin v. State
  District Court of Appeal of Florida· 2008-04-30· cited 6×
• Rivers v. State
  District Court of Appeal of Florida· 2008-05-02· cited 6×
• Blair v. State
  District Court of Appeal of Florida· 2009-12-04· cited 5×
• JORGE CASTILLO v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2018-04-18· cited 5×
• Thompson v. State
  District Court of Appeal of Florida· 2008-06-25· cited 5×
• Ingram v. State
  District Court of Appeal of Florida· 2001-06-20· cited 4×
• Davis v. State
  District Court of Appeal of Florida· 2001-11-21· cited 2×
• Valentine v. State
  District Court of Appeal of Florida· 2002-05-22· cited 1×
• Diaz v. State
  District Court of Appeal of Florida· 2001-07-11· cited 1×
• Rogers v. State
  District Court of Appeal of Florida· 2006-07-12
• JIMEAL SMITH v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2018-04-04
• Williams v. State
  District Court of Appeal of Florida· 2001-06-20
• Jordan v. State
  District Court of Appeal of Florida· 2001-10-10
• Walton v. State
  District Court of Appeal of Florida· 2002-03-13
• Curtis v. State
  District Court of Appeal of Florida· 2002-10-04
• Colby McCoggle v. State of Florida
  District Court of Appeal of Florida· 2024-04-10
• Edward Babbs v. State of Florida
  District Court of Appeal of Florida· 2026-06-17

Cites

8 cases in this archive are cited by this case.

• Heggs v. State
  Supreme Court of Florida· 2000-02-17· cited 853×
• Capuzzo v. State
  Supreme Court of Florida· 1992-03-12· cited 41×
• Frost v. State
  District Court of Appeal of Florida· 2000-09-21· cited 17×
• Papageorge v. State
  District Court of Appeal of Florida· 1998-03-18· cited 15×
• Williams v. State
  District Court of Appeal of Florida· 1997-08-06· cited 11×
• Barcelo v. State
  District Court of Appeal of Florida· 2001-01-03· cited 9×
• Keller v. State
  District Court of Appeal of Florida· 1983-06-02· cited 6×
• Ellison v. State
  District Court of Appeal of Florida· 1992-02-21· cited 1×